Torres v. Diaz
ORDER by Judge Yvonne Gonzalez Rogers denying as premature 76 Motion for Certificate of Appealability; denying request for stay 80 . (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/11/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JUAN MATIAS TORRES,
RALPH M. DIAZ, Warden,
Case No. 12-cv-06224-YGR (PR)
ORDER DENYING PETITIONER’S
REQUESTS FOR A CERTIFICATE OF
APPEALABILITY AND FOR A STAY IN
This is a habeas case under 28 U.S.C. § 2254 filed pro se by a state prisoner. Petitioner
has filed an amended petition raising the same three claims from his original petition as well as six
United States District Court
Northern District of California
additional new claims. Dkt. 59. The Court granted Respondent’s motion to dismiss the six new
claims (claims 6-9) as untimely under the one-year statute of limitations established by the
Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Dkt. 74. The Court noted
that it would resolve remaining timely claims (claims 1-3) in a separate written Order. Id. at 16.
Petitioner has filed a notice of appeal and a request for a certificate of appealability
(“COA”) “on all the new claims in the amended petition.” Dkts. 75, 76. He also requests a stay in
proceedings pending the Court’s ruling on his motion for a COA. Dkt. 80.
Petitioner’s motion for a COA is DENIED as premature. Dkt. 76. A COA is granted or
denied only when the Court issues a final order disposing of a petition for writ of habeas corpus
and enters judgment. See 28 U.S.C. § 2253(c)(1). Because the three remaining claims in
Petitioner’s amended petition are pending, his request for a COA is premature. The Court will
issue or decline to issue a COA when it resolves claims 1-3. Furthermore, because the Court has
ruled on the pending motion for a COA, no stay is warranted. Therefore, Petitioner’s request for a
stay is DENIED. Dkt. 80. The Clerk of the Court shall terminate Docket nos. 76 and 80.
IT IS SO ORDERED.
Dated: July 11, 2017
YVONNE GONZALEZ ROGERS
United States District Judge
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